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_ � _ � m � , n ^ (� _ � c� cn, -. �� _ > �, �c o`� � D � h � � � ° � z m � � ;t: � -c � r.�- � -< e� � m � F-► �, -� ,�, a � � _'' z �- � � � �* sm ~ � � I ;� -� A Cv p s✓� r a � �j �! '' � 3 r c�r� � •-y« � e � ��, ~ � °' � � �� � � � � � o � PREFACE TO MORTGAGE OR DEED OF TRUST UNDER � FARM HOMESTEAD PROTECTION ACT . ' DISCLAIMER . 98�' 1n�"X6 �j In accordance with the provisions of the Nebraska Farm Homestead Protection Act, the undersigned, �'o� BRADLEY STUTZMAN and CRYSTAL STUTZMAN, husband and wife, prior to executing the attached� D�ed of Trust dated May 15, 1998, by and between the undersigned and THE STATE BANK OF CAIRO, A Nebraska Banking Corporation, (hereinafter referred to as "Mortgage") hereby state and acknowledge: 1. That no part of the homestead of the undersigned is presently, or in the future will be, situated on the following described real estate, (hereafter Parcel 1) nor are there any buildings sufficient to be designated as a homestead, presently located upon said Parcel 1: The Southwest Quarter(SW 1/4) of Section Twenty-Seven (27), Township Twelve (12) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska excepting a certain tract more particularly described in Deed recorded in Book 150, Page 372 and excepting a tract of land more particularly described as follows: Commencing at the West Quarter(W 1/4) corner of Southwest Quarter (SW 1/4) of said Section 27, also being the POINT OF BEGINNING; thence S 89°11'43" E along the north line of said (SW 1/4) a distance of 33.00 feet to the county road right-of-way line; thence continuing S 89°11'43" E along said north line of(SW 1/4) a distance of 1640.20 feet; thence S 00°14'S0" E a distance of 686.00 feet; thence S 25°51'20" W a distance of 439.08 feet; thence S 80°34'16" W a distance of 473.07 feet; thence S 84°39'S5" W a distance of 989.08 feet to the county road right-of-way line; thence continuing S 84°39'S5" W a distance of 33.14 feet to the west line of said(SW 1/4); thence N 00°00'OS" W along said west line of(SW 1/4)a distance of 1277.16 feet to the point of beginning, said tract contains 44.49 acres more or less,of which 0.966 acre is county road right-of-way. 2. The undersigned acknowledge that while the Mortgage or Deed of Trust remains unsatisfied and a lien on said Parcel 1, they shall have no right presently or in the future to make a designation of homestead on Parcel 1, including without limitation, in the event of a foreclosure or trustee's sale under the mortgage or Deed of Trust. 3. The undersigned acknowledge that if, contrary to this Disclaimer, they establish a homestead on said Parcel 1 during the time the Mortgage or Deed of Trust remains unsatisfied and a lien upon Parcel l, they shall have no right to make a designation of homestead in the event of a foreclosure or trustee's sale under the Mortgage or Deed of Trust. 4. The undersigned state that this acknowledgment is their knowing and voluntary act and deed and constitutes a written disclaimer and acknowledgment under the Nebraska Farm Homestead Protection Act and the undersigned do hereby disclaim any right to designate a homestead in the event of default upon such Mortgage or Deed of Trust or in the event of a foreclosure or trustee's sale under the Mortgage or Deed of Trust. , 5. The undersigned further understand and agree that this acknowledgment and Disclaimer shall be filed as a Preface to and become a part of the Mortgage or Deed of Trust. Dated: May 15, 1998 � BRA EY STUTZMAN , CRYSTAL ST ZMAN �TATE OF NEBRASKA) ) SS COUNTY OF HALL ) The foregoing instrument was acknowledged before me on May 15, 1998, by BRADLEY STUTZMAN and CRYSTAL STUTZMAN, husband and wife. .�..._ �ERAL NOTARY•st`�ot r�ebn�u • ! IRVIN BA DFiiW ..., .... My Comm.ExD./1-J'1`-�O